§ 10-5-106. Coordination of installation of cable underground – new development.
   (a)   Notice of new development. The Office of Planning and Zoning shall notify the Information Technology Officer and all franchisees when subdivision plans are submitted to the Office of Planning and Zoning for review and approval. A copy of the notification shall be sent to the telephone and electric companies to indicate which franchisees received notice.
   (b)   Utility company notice of trenching to franchisee. If electric or telephone utilities are to be placed underground in a new subdivision, the lead utility company shall give written notice to known franchisees in the area within which the property is located. The franchisees shall be notified at least 48 hours before commencement of trenching construction.
   (c)   Compliance with utilities' operating and safety practices. The franchisee's installation of its cables in a trench are subject to the utilities' operating and safety practices.
   (d)   Closing of trenches without cable installation. When trenches are closed without installation of cable by a franchisee, the franchisee may not install its conduit and other facilities in a subdivision that is constructed under a public works agreement or inspection agreement until the developer has been fully released from responsibility to complete or maintain any facilities that are required to be constructed or installed under the public works agreement or inspection agreement. At the request of the developer and the franchisee, the Information Technology Officer may permit the franchisee to install those facilities after the trenches are closed.
   (e)   Subdivision law to include cable wiring. If the County's subdivision statutes or regulations require pre-wiring of subdivisions for electrical and telephone service, those statutes and regulations shall be construed to include wiring for cable systems.
   (f)   Subdivision law to prevail. The provisions of any subdivision statute or regulation prevail over the provisions of this section so long as franchisees are not deprived of their right to participate in the pre-wiring of a subdivision.
   (g)   Agreements with developer. With the approval of the Information Technology Officer and the Director of Public Works, a developer may enter into an agreement with a franchisee and a utility company for installation of the franchisee's conduit and other facilities in the subdivision.
(Bill No. 54-06)